Soni Sori, Linga Kodopi Bail Order

Page No.1 of 4
ITEM NO.1 COURT NO.9 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl) No(s).7898/2013
(From the judgment and order dated 08/07/2013 in MCRC
No.2806/2013 of the HIGH COURT OF CHHATTISGARH AT BILASPUR)
LINGARAM KODOPI Petitioner(s)
VERSUS
STATE OF CHHATISGARH Respondent(s)
(With office report)
WITH
SLP(Crl) NO. 7913 of 2013
(With appln.(s) for permission to file synopsis and list of
dates and office report)
Date: 12/11/2013 These Petitions were called on for hearing
today.
CORAM :
HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR
HON’BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
For Petitioner(s)
SLP(CRL.)7898/13 Mr. Prashant Bhushan, Adv.
Mr. Ramesh K. Mishra, Adv.
SLP(CRL.)7913/13 Mr. Colin Gonsalves, Sr. Adv.
Ms. Amiy Shukla, Adv.
Ms. Jyoti Mendiratta, Adv.
For Respondent(s) Mr. V.A. Mohta, Sr. Adv.
Mr. A.P. Mayee, Adv.
Ms. Bansuri Swaraj, Adv.
Mr. Sanjeev Kr. Choudhary, Adv.
Mr. Nilkant Nayak, Adv.
UPON hearing counsel the Court made the following
O R D E R
Although in view of our order, dated 1st
November, 2013, the relevant record has been
produced, but no responsible officer familiar
with the record, who could assist the Court
Page No.2 of 4
in examining the same is present. Only some
police officers who are unable to assist the
Court have produced the record.
Mr. V.A. Mohta, learned Senior Counsel
appearing for the State of Chhatisgarh, has
submitted that no officer could attend as they
are all on election duty. He, therefore, seeks
an adjournment for two weeks, so that the
concerned officer can attend the proceedings.
It has been stated by the learned counsel for
the petitioners that the petitioner-Lingaram
Kodopi- in Special Leave Petition (Criminal)
No.7898 of 2013 has been in custody since 9th
September, 2011 and the petitioner-Soni Sori in
Special Leave Petition (Criminal) No.7913 of 2013
has been in custody since 4th October, 2011. Since
it is going to take some time before a
responsible officer can be present in Court in
assisting the examination of the record, we are
of the opinion that it would be unjust to
continue the incarceration of the petitioners
during the pendency of the applications for bail.
We are also mindful of the fact that Soni Sori,
petitioner in Special Leave Petition (Criminal)
No.7913 of 2013 has been acquitted in five
earlier cases. Similarly, petitioner Lingaram
Kodopi in Special Leave Petition (Criminal)
No.7898 of 2013 was also acquitted in the ealier
Page No.3 of 4
matter. It has also been stated that B.K. Lala,
co-accused has also been granted bail on 4th
February, 2012. In these circumstances, we are
of the opinion that it would be appropriate to
direct that the petitioners be released on
interim bail during the pendency of the bail
applications. However, keeping in view the
submissions made by Mr. V.A. Mohta, learned
Senior Counsel appearing for the State of
Chhatisgarh, it would be in the interests of
justice to direct that the petitioners shall not
enter the State of Chhatisgarh during the period
in which they are granted interim bail. It is
ordered accordingly.
At this stage, it has been brought to our
notice by Mr. Colin Gonsalves, learned Senior
Counsel appearing for the petitioner in Special
Leave petition (Criminal) No.7913 of 2013 and Mr.
Prashant Bhushan, learned counsel appearing for
the petitioner in Special Leave petition
(Criminal) No.7898 of 2013 that the petitioners
have not met their families for a long time and
it would be only humane if they are permitted to
meet their families before they travel to Delhi.
In view of the above, we direct the concerned
Senior Superintendent of Police to depute some
responsible police officers to escort the
petitioners to their respective villages so that
Page No.4 of 4
they can meet their families for a period of 24
hours. On the following day, the petitioners
shall be escorted to Delhi. They shall be
permitted to reside in any locality of their
choice in Delhi. Once the petitioners reach
Delhi, they are directed to report to the Incharge
of the local Police Station once a week.
They shall report to the In-charge of the local
Police Station every Sunday at 11.00 a.m.
Let the matters stand over till 3rd December,
2013.
We reiterate that it is necessary that some
responsible officer who is familiar with the
entire investigation should be present in Court
on the next date of hearing to explain the entire
record to the Court and also to clarify any
doubts which may be raised by the learned counsel
for the petitioners.
This order shall be faxed and communicated to
the Welfare Officer, Central Jail, Jagdalpur,
Chhatisgarh and the concerned authority today
itself for necessary action.
(VINOD LAKHINA)
COURT MASTER
(INDU BALA KAPUR)
COURT MASTER

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